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Title 46 — Shipping

Part A · Chapter 23 — Operation of Vessels Generally

§ 2305. Injunctions

Statutory text

(a)

The district courts of the United States have jurisdiction to enjoin the negligent operation of vessels prohibited by this chapter on the petition of the Attorney General for the United States Government.

(b)

When practicable, the Secretary shall—

(1)

give notice to any person against whom an action for injunctive relief is considered under this section an opportunity to present that person’s views; and

(2)

except for a knowing and willful violation, give the person a reasonable opportunity to achieve compliance.

(c)

The failure to give notice and opportunity to present views under subsection (b) of this section does not preclude the court from granting appropriate relief.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 98–89 · 97 Stat. 500

    Enacted · 46 U.S.C. § 2305

    (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 509.)

    Source evidence

    Code source credit
    (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 509.)

0 of 1 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision
Historical and Revision Notes
Revised sectionSource section (U.S. Code)
230546:1485

Section 2305 provides injunctive authority to enjoin the negligent operation of vessels. This authority can also be used to enjoin the operation of foreign or domestic vessels on our waters when they are unsuitable for the voyage intended.

Credits

(Pub. L. 98–89, , 97 Stat. 509.)

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USLM identifier /us/usc/t46/s2305